HomeMy WebLinkAboutMEXT25-0003 ZA Report 2025.04.30
Butte County Department of Development Services
April 30, 2025 Agenda Report – South Oroville Land Development LLC, MEXT25-0003 Page 1 of 2
Department of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.552.3700 buttecounty.net/dds Oroville, California 95965 F: 530.538.7785
DATE: April 30, 2025
TO: Butte County Zoning Administrator
FROM: Rowland Hickel, AICP, Senior Planner
SUBJECT: MEXT25-0003 (South Oroville Land Development LLC) - Extension of Time for
TPM23-0006; APN: 027-230-002 & 027-230-110
RECOMMENDED ACTION
Staff recommends approval of Map Extension MEXT25-0003 (South Oroville Land Development
LLC) to extend the expiration date of TPM23-0006 for six years to July 5, 2031.
EXECUTIVE SUMMARY
The applicant is requesting a six-year time extension for an approved Tentative Parcel Map
(TPM23-0006), which is set to expire on July 5, 2025.
BACKGROUND
On July 5, 2023, the Butte County Zoning Administrator approved the Palermo Solar LLC
Tentative Parcel Map (TPM23-0006), which subdivides a 732± acre property (APNs: 027-230-
002 and 027-230-110) into two parcels (93± acres and 256± acres) and a designated remainder
of 384± acres.
The project site is located on the north and south sides of Cox Lane, approximately 1.5 miles
east of the Palermo-Honcut Highway and southeast of the community of Palermo. The approved
Tentative Parcel Map is in the AG-20 zone. On-site individual septic systems will handle
wastewater disposal, and individual wells will supply domestic water.
REGULATORY AUTHORITY
Provisions for a tentative map time extension are set forth in Butte County Code section 20-68,
which requires that an extension of time must be made prior to the expiration of the approved or
conditionally approved map and that the Zoning Administrator, based on good cause, may extend
the approval for an additional period beyond the expiration, provided the total extension of time
does not exceed a total of six years [as set forth in Government Code Section 66452.6(e)].
Government Code Section 66452.6(e) also states that prior to the expiration of an approved or
Butte County Department of Development Services
April 30, 2025 Agenda Report – South Oroville Land Development LLC, MEXT25-0003 Page 2 of 2
conditionally approved tentative map, upon an application by the subdivider to extend that map,
the map shall automatically be extended for 60 days or until the application for the extension is
approved, conditionally approved, or denied, whichever occurs first. An application for an
extension of time shall be reviewed by the Zoning Administrator, who will determine whether the
map presently conforms to the requirements of a tentative map. At this point, the Zoning
Administrator may approve the extension, approve it with conditions that would ensure the map
conforms to current requirements, or disapprove it. In the event that an approved tentative map
is revised to conform to current requirements, the most recently approved tentative map shall
constitute the only recognized map for further action in consideration of filing the map.
ANALYSIS
• The Zoning Administrator approved the Tentative Parcel Map on July 5, 2023, providing
two years to complete the conditions of approval and record the parcel map by July 5,
2025.
• The applicant is requesting a six-year extension to record the map, extending the expiration
date to July 5, 2031, consistent with Butte County Code Section 20-68.
• The Zoning Administrator approved an addendum to a previously adopted Mitigated
Negative Declaration for TPM23-0006, finding that the project would not have a significant
impact on the environment.
• A subsequent environmental review is not required for the map extension project due to
there being no changes to the circumstances under which the project is undertaken or the
physical environment has occurred that would cause new environmental effects or an
increase in severity of environmental effects beyond that evaluated by the Zoning
Administrator (CEQA guidelines section 15162)
• The request for an extension was circulated to the Public Works Department, Butte County
Fire, Agricultural Commissioner, and the Public Health Environmental Health Division for
comments and possible changes to the conditions of approval. No changes to the existing
approved map or approved conditions for the tentative map were requested.
ATTACHMENTS
Zoning Administrator Decision approving MEXT25-0003 (South Oroville Land Development LLC)
Zoning Administrator Determination ZDN23-0010 for TPM23-0006
Approved Tentative Parcel Map (TPM23-0006)
BUTTE COUNTY ZONING ADMINISTRATOR
DECISION ZDN25-
April 30, 2025
MAP EXTENSION MEXT25-0003 (South Oroville Land Development LLC) Map time extension to extend the expiration date of TPM23-0006 for six years to July 5, 2031.
I. The Zoning Administrator has reviewed and considered Map Extension MEXT25-0003 for South Oroville Land Development LLC, in accordance with Chapter 20 Subdivisions, Section 20-68 Extension of Time, of the Butte County Code for Assessor’s Parcel Number
047-230-060, and finds:
A. The Butte County Zoning Administrator approved Tentative Parcel Map TPM23-0006 (Palermo Solar LLC) on July 5, 2023.
B. The applicant is requesting a six (6) year extension to July 5, 2031, to complete the
conditions of approval and record the map.
C. The request for a map extension was referred to the Butte County Department of Public Works, the Agricultural Commissioner, the Butte County Public Health Environmental Health Division, and the Butte County Fire Department for review and comments.
D. An agendized public hearing was held on April 30, 2025.
E. No changes to the project, the circumstances under which the project is undertaken, or the physical environment have occurred that would cause new environmental effects or an increase in the severity of existing environmental effects. No subsequent environmental review is required under the California Environmental
Quality Act (CEQA).
II. Approves Map Extension MEXT25-0003 for South Oroville Land Development LLC, subject to the following findings:
A. The request for map extension was made in a timely manner on March 7, 2025, prior to the expiration date of the conditionally approved tentative map.
B. The extension of time is granted until July 5, 2031, for good cause, namely, to complete the requirements, comply with the conditions of approval, and record the final map.
C. The tentative parcel map conforms to the Tentative Parcel Map approved by the
Butte County Zoning Administrator on July 5, 2023 (ZDN23-0010).
D. No modifications to the conditions of approval are recommended and will remain the same as approved by the Zoning Administrator and subsequently modified by the Planning Commission.
Approved By:
Date:
ATTACHMENT B
BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN23-0010
TENTATIVE PARCEL MAP TPM23-0006
(Scott Perkins)
The project proposes to divide a 732± acre property (two parcels) into two parcels (93± & 256± acres) and a designated remainder of 384± acres. The subject parcels are undeveloped, and located
north and south of Cox Lane. The parcel frontage is unimproved without curb, gutter, and sidewalk.
Both resultant parcels would be served by individual well and septic systems and would retain direct access from Cox Lane. The project site is on the north and south sides of Cox Lane, approximately 1.5 miles east of Palermo-Honcut Highway, southeast of the community of Palermo.
APN: 027-230-002 and 027-230-110
July 5, 2023
I. The Zoning Administrator has considered the Addendum to the adopted Mitigated Negative Declaration (State Clearinghouse No. 2012072033), in accordance with
requirements of the California Environmental Quality Act (CEQA), and adopts the
Addendum to the adopted Mitigated Negative Declaration with the following findings:
A. An Initial Study/Mitigated Negative Declaration (IS/MND) was completed for Tentative Parcel Map TPM08-0007 in compliance with the California Environmental Quality Act, and adopted by the Butte County Planning
Commission on April 25, 2013 (State Clearinghouse No. 2012072033).
B. An Addendum to the adopted MND was prepared pursuant to CEQA Section 15164. The Addendum evaluated any proposed amendments to the original project, any change in circumstances, or any new information since the MND was adopted, to determine if an additional environmental review or preparation of a subsequent
MND to the adopted MND is required. Said Addendum did not identify any new
significant environmental effects.
C. On the basis of the whole record before the Zoning Administrator, including the Addendum, adopted Mitigated Negative Declaration, and any comments received, there is no substantial evidence that the Tentative Parcel Map, filed by Scott
Perkins, Planning Division File No. TPM23-0006, would have a significant effect
on the environment.
D. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965.
E. The Addendum to the adopted Mitigated Negative Declaration reflects the
independent judgment and analysis of the County, which is the Lead Agency.
II. Finds that the project does not exceed the level of impacts identified in the previous Mitigated Negative Declaration for the previously-approved Tentative Parcel Map and an Addendum was done to the adopted MND, and therefore the collection of fees pursuant to
Fish and Game Code Section 711.4 is not required.
III. Approves Tentative Parcel Map TPM23-0006 for Scott Perkins subject to the conditions found in Exhibit “A” and the following findings:
A. The proposed map is consistent with the AG-20 (Agriculture, 20 acre minimum) and
zone.
Proposed lots meet minimum parcel areas and widths and support agricultural and single-family residential uses, consistent with the purpose of and allowed uses in the AG-20 zone (BCC sec. 24-12 A).
B. The project is substantially consistent with applicable Goals and Policies of the Butte
County General Plan based on the consistency review in the staff report. In addition, there is no substantial evidence in the whole record to support any of the findings in Government Code Section 66474 requiring denial of the tentative parcel map.
C. The design and improvements of the proposed parcel map are consistent with County
standards and policies provided all conditions of project approval are met.
Comments/conditions received from Butte County Departments and other Agencies
were reviewed and incorporated into the project analysis and proposed project conditions. Design and improvements of the proposed Parcel Map are consistent with County standards and policies.
D. The project site is physically suitable for the use and density of the proposed
development.
The proposed parcel sizes are consistent with the minimum parcel area requirements of the AG-20 (20-acre minimum) zone. Future single-family residential development would be consistent with the primary allowed land uses in the AG-20 zone.
E. The design and improvements of the project will not conflict with easements acquired
by the public at large for access through or use of property within the proposed parcel map provided the attached conditions are met.
No easements would be abandoned with the proposed map.
F. The project site is not located within an earthquake fault zone.
There is only one known active fault within Butte County and it is located
approximately 20 miles to the east.
G. Approval of this project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with.
No adverse or detrimental effects to the environment or public health, safety, and
welfare have been identified as resulting from the project, from agency and
departmental review, or from staff analysis.
H. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project.
The addition of four residential dwellings and accessory uses would have a negligible
effect on local or regional traffic.
Approved By: Curtis L. Johnson
Date: July 5, 2023
CONDITIONS OF APPROVAL:
Planning Division.
1. Mitigation Measure #1:
The following measures shall apply to all development activities (excluding normal agricultural operations) on the project site. Additionally, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Dust generated by the development activities shall be kept to a minimum and retained
on-site. Follow the air quality control measures listed below:
Control Dust
a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day’s activities cease.
b. During construction, water trucks or sprinkler systems shall be used to keep all areas of
vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour.
c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil
binders to prevent dust generation.
d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads.
e. Haul vehicles transporting soil into or out of the property shall be covered.
f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions
warrant a greater frequency.
g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust.
Post Contact Information
h. Post a publicly visible sign with the telephone number and person to contact regarding dust
complaints. This person shall respond and take corrective action within 24 hours. The
telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).
Other Construction Practices
i. Maintain all construction equipment in proper tune according to manufacturer’s
specification.
j. Where feasible, give preference to utilizing the following equipment:
• Electric equipment
• Substitute gasoline-powered for diesel-powered equipment
• Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel.
• Equipment that has Caterpillar pre-chamber diesel engines, as practical.
• Diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines.
k. Construction workers shall park in designated parking area(s) to help reduce dust emissions.”
Plan Requirements: The note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works
Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
2. Mitigation Measure #2 (50’ No Disturbance Area around Vernal Pools/Seasonal Wetlands): Show on a separate document which is to be recorded concurrently with the map or on an additional map sheet a “Vernal Pool/Seasonal Wetland Buffer/Protection Area” measured not less than 50-feet from the outer edge of the wetlands to be maintained on site. Construction activities on and around the wetland buffer area shall be restricted based on USACE
requirements. Restrictions may include establishment of avoidance buffer zones, installation of silt fences, or on-site containment of all on-site generated sediments.
Plan Requirements: State and federal permits for any proposed modifications to vernal pools/seasonal wetlands shall be completed prior to recordation of the parcel map. No vegetation removal, grading, road construction, or other earthwork shall be permitted until the
50-foot no disturbance buffer area, consistent with state and federal requirements, if any, around the vernal pool/seasonal wetlands has been established around wetlands consistent with state and federal requirements, to the satisfaction of the Development Services Director.
Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any
improvement plans on the parcels.
Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the vernal pool/seasonal wetland buffer area and related note are placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the
Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans. Butte County building inspectors shall ensure compliance on-site.
3. Mitigation Measure #3 (Waters of the U.S.): To the extent practicable, the discharge of dredged or fill material into “waters of the U.S.”
shall be avoided (this also includes waters not subject to USACE jurisdiction, but subject to
the Regional Water Quality Control Board (RWQCB) jurisdiction. This includes avoiding activities that would obstruct the flow of, or alter the bed, channel, or bank of any intermittent
or ephemeral creeks. If complete avoidance is implemented, no further measures are
necessary. If complete avoidance is not practicable, a no net loss of wetlands policy shall be employed and the appropriate permits (i.e.; Section 404 permit) shall be obtained prior to recordation of the final map. In addition, the project applicant shall obtain a Section 401 certification from the RWQCB, as necessary. The project shall comply with all permit
conditions and employ best management practices and measures (established by the USACE
and other regulatory agencies) to minimize and compensate for potential impacts to any jurisdictional waters or habitat areas. Furthermore, the following measures shall be implemented:
1) Prior to any discharge of dredged or fill material into “waters of the U.S.” authorization
under a Nationwide Permit shall be obtained from the USACE. For any features
determined to not be subject to USACE jurisdiction during the verification process, authorization to discharge (or a waiver from regulation) shall be obtained from the RWQCB. For fill requiring a USACE permit, water quality certification shall be obtained from the RWQCB prior to discharge of dredged or fill material.
2) Prior to any activities that would obstruct the flow of, or alter the bed, channel, or bank of
any intermittent or ephemeral creeks, notification of streambed alteration shall be submitted to the CDFG and, if required, a streambed alteration agreement shall be obtained. 3) Construction activities that will impact “waters of the U.S.” shall be conducted during the dry season to minimize erosion. Appropriate sediment control measures to protect avoided
“waters of the U.S.” shall be in place prior to the onset of construction and shall be
monitored and maintained until construction activities have ceased. Temporary stockpiling of excavated or imported material shall occur only in approved construction staging areas. Excess excavated soil shall be used on site or disposed of at a regional landfill or other appropriate facility. Stockpiles that are to remain on the site through the wet season shall
be protected to prevent erosion (e.g. silt fences, straw bales and/or covered).
4) Loss of wetlands shall be compensated at a minimum of a 2:1 creation ratio (i.e. two acres created for each acre destroyed). This can be accomplished through purchase of appropriate credits at a USACE approved mitigation bank, appropriate payment into a USACE approved in-lieu fee fund, or on-site or off-site creation, monitoring, and
maintenance (as approved by the USACE or RWQCB).
5) Loss of “other waters” shall be compensated through purchase of appropriate credits at a USACE approved mitigation bank, appropriate payment into a USACE approved in-lieu fee fund, or through placement of avoided waters and associated riparian buffers into a conservation easement or similar protective mitigation The amount of avoided waters and
riparian buffers to be permanently protected shall be sufficient to offset the impact and
shall be determined by the USACE and the applicant during the permitting process. 6) As required, any monitoring, maintenance, and reporting required by the regulatory agencies (i.e. USACE, RWQCB and CDFG) shall be implemented and completed. As required, all measures contained in the permits or associated with agency approvals shall
be implemented.
Plan Requirements: Vegetation removal, grading, road construction, or other earthwork shall be in compliance with state and federal regulations. If avoidance of wetland fill cannot be achieved, then the project shall comply with all permit conditions and employ best
management practices and measures (established by the USACE and other regulatory agencies) to minimize and compensate for potential impacts to any jurisdictional waters or
habitat areas.
Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels.
Monitoring: The Butte County Department of Development Services and Department of
Public Works shall ensure that appropriate permits, if required, from state and federal agencies
have been obtained prior to recordation of the parcel map. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify the requirements of the state and federal regulations, if required, have been completed and
submitted to the Director of Development Services. Butte County building inspectors shall
ensure compliance on-site.
4. Mitigation Measure #4 (50’ No Disturbance Setback from Streams): Show/Depict on a separate document, which is to be recorded concurrently with the map or on an additional map sheet, a “50-foot No Development Area” along seasonal streams.
Plan Requirements: The recorded parcel map must show the 50’ no disturbance setback
around the vernal pool/seasonal wetlands sites and seasonal streams.
Timing: The requirements of this mitigation measure shall be adhered to at all times. The note shall be recorded prior to final map.
Monitoring: The Planning Division and the Public Works Department shall ensure that
recorded parcel map identifies vernal pool sites with 50’ setbacks. The Department of
Development Services shall ensure that the note is placed on all affected building and site plans.
5. Mitigation Measure #5 (Protection of Vernal Pools during Construction): Prior to land disturbance, a development barrier around seasonal swales and vernal pools shall
be established. A “no disturbance” buffer zone (50 feet) shall be established around the vernal
pools/seasonal wetlands and clearly identified. During construction activities, the vernal pools/seasonal wetlands and seasonal swales shall be protected with the installation of storm wattles, silt fencing or other sediment catching materials, along with orange construction fencing designating the outer limit of the 50-foot buffer zone to prevent disturbance of these
areas.
Plan Requirements: No. development is permitted within 50’ of vernal pool sites/seasonal wetlands as depicted on the final map.
Timing: The requirements of this mitigation measure shall be adhered to at all times during development/land disturbance.
Monitoring: To avoid sediment or other materials from building up along the protection
measures, the sediment or other materials will be removed way from the protected area routinely and/or prior to a storm event.
6. Mitigation Measure #6 (Pre-construction Surveys for Raptors):
If construction activities occur between March 1 and July 31, preconstruction surveys shall be conducted. A pre-construction shall be conducted no more than 14 days prior to the
construction activities during the early part of the breeding season (March – April) and no more
than 30 days prior to the initiation of the construction activities during late breeding season (May – July). During this survey, the qualified wildlife biologist shall inspect all trees in and immediately adjacent to the impact area for raptor and migratory bird nests. If the survey does not identify any nesting raptor species on or near the construction site, further mitigation is not
required. If any raptor species are found nesting on or near the construction site (within 500
feet of construction activities), the following shall be implemented:
Prior to the disturbance, grading or construction, the project applicant, in consultation with California Department of Fish & Game (CDFG) and Butte County Planning, shall avoid all birds of pray or migratory bird nest sites located in the construction area during breeding season
while the nest is occupied with adult and/or eggs or young. The occupied nest shall be
monitored by a qualified wildlife biologist to determine when the nest is no longer used. Avoidance shall include the establishment of a no disturbance buffer zone around the nest site. The size of the buffer zone shall be determined in consultation with the CDFG. Highly visible temporary construction fencing shall delineate the buffer zone.
Plan Requirements: The applicant/developer shall provide the Department of Development
Services a copy of the pre-construction survey prior to construction.
Timing: The requirements of this mitigation measure shall be adhered to at all times. This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Planning Division shall require submittal and review of the pre-construction
survey prior to construction/land disturbance.
7. Mitigation Measure #7 (Map Note requiring Pre-construction Surveys for Raptors): Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “If construction activities occur between March 1 to July 31, preconstruction surveys shall be conducted. A pre-construction shall be conducted no more
than 14 days prior to the construction activities during the early part of the breeding season
(March – April) and no more than 30 days prior to the initiation of the construction activities during late breeding season (May – July). During this survey, the qualified wildlife biologist shall inspect all trees in and immediately adjacent to the impact area for raptor and migratory bird nests.”
Plan Requirements: This note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans. No. development is permitted within 50 feet of vernal pool sites and Seasonal Wetlands as depicted on the final map.
Timing: The requirements of this mitigation measure shall be adhered to at all times. This
measure shall be implemented during all site preparation and construction activities.
Monitoring: The Planning Division and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. The Department of Development Services shall ensure that the note is placed on all building and site plans. Building inspectors shall spot check and shall ensure
compliance on-site.
8. Mitigation Measure #8 (Oak Mitigation Plan): Prior to road construction or recordation of the parcel map, an Oak Mitigation Implementation
Plan shall be prepared by a certified arborist, registered professional forester, botanist or
landscape architect to the satisfaction of the Director of Development Services or his/her designee for the removal of approximately 100 oak trees 5 inches dbh or larger. The applicant shall minimize the removal of oak trees deemed suitable for retention. The removal of any oak trees 5 inches or more in diameter at breast height shall be mitigated by one or more of the
following: replanting and maintaining oak trees, establishing conservation easements,
contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. The Plan shall be prepared in accordance with the following:
1) A replanting schedule and diagram for trees removed or encroached upon by permit
activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte
County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee.
a. A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted for each blue oak tree removed that is greater than or equal to 5-inches diameter at breast
height (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size
shall be planted for each live oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH).
b. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways,
and utilities.
c. Trees planted shall be protected from livestock and other animals.
2) Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted. A bond shall be posted for
replanting of the trees and/or other terms established for their maintenance.
3) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications.
a. Oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree.
b. No vegetation removal, soil disturbance, or other development activities shall occur
within the tree zone in order to protect root systems and minimize compaction of the soil unless authorized by Oak Tree Mitigation Plan.
c. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities.
4) If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established
onsite, mitigation shall be completed by one or more of the following: establishing conservation easements, contributing funds for off-site oak woodlands conservation (i.e. Oak Woodlands Conservation Fund administered by the California Wildlife Conservation Board), and/or other mitigation measures developed by Butte County.
Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee.
Plan Requirements: No map shall be recorded and no vegetation removal, grading, road
construction, or other earthwork shall be permitted until the tree plan is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to recordation of the map or any development activity or the issuance of any grading, building, septic, or well permit, or
the approval of any improvement plans on the parcels.
Monitoring: Staff in the Department of Development Services will require Mitigation Implementation Plan prior to recordation. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that the terms of the Mitigation
Implementation Plan have been met. Butte County building inspectors shall ensure
compliance on-site.
9. Mitigation Measure #9 (Map Note requiring Blue Oak Retention and Protection): Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Prior to any development activity or the issuance of any
permit or approval that involves removing or encroaching upon oak trees on the project site
(this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or designee that
includes:
1) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanting oak trees cannot account for more
than one-half of the mitigation.
a. A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted for each blue oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size shall be planted for each live oak tree removed that is greater than or equal to 5-inches
diameter at breast height (DBH).
b. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities.
c. Trees planted shall be protected from livestock and other animals;
2) Replanted oak trees shall be maintained for a period of seven years after they are planted.
If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted. A bond shall be posted for replanting of the trees and/or other terms established for their maintenance.
3) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications.
a. Oak tree to be preserved shall be surrounded by a tree zone identified by the drip line
of the tree.
b. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil unless authorized by Oak Tree Mitigation Plan.
c. An orange plastic fence or other suitable type of fence shall be used to identify the
tree zone during construction activities.
4) If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established onsite, mitigation shall be completed by one or more of the following: establishing conservation easements, contributing funds for off-site oak woodlands conservation (i.e.
Oak Woodlands Conservation Fund administered by the California Wildlife Conservation
Board), and/or other mitigation measures developed by Butte County.
Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee.
Plan Requirements: This note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet and shall be shown on all site
development and building plans. No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any
improvement plans on the parcels.
Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. The applicant is to
maintain a Mitigation Monitoring Fee deposit account to offset the departments’ inspection
costs. Butte County building inspectors shall ensure compliance on-site.
10. Mitigation Measure #10 (Building Envelopes): Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet which states: “Prior to site clearance and development, with
regards to individual lot development, building envelopes, not more than three acres in size,
shall be identified to maintain and protect identified vernal pools/seasonal wetlands and to limit impacts on oak trees on the project site.
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and all building and site
development plans.
Timing: Requirements of the condition shall be satisfied prior to, or in conjunction with, recordation of the map.
Monitoring: The Department of Development Services shall ensure that the building envelopes are included as part of development permits. The Planning Division shall ensure
compliance through the building permit process and routine inspection and review.
11. Mitigation Measure #11 (Mitigation Monitoring Costs): The Department of Development Services (DDS) is responsible for monitoring the landowner’s compliance with all conditions of approval, conservation measures, and mitigation measures. As the cost of ongoing monitoring of Measures and Conditions of
Approval is not included in the County’s Tentative Parcel Map application fees, at the
discretion of the Director of DDS (Director), the cost of DDS staff and consultant time directly related to the monitoring of compliance with conditions of approval will be billed to and borne by the landowner at the current established DDS Planning Division hourly rate. The current fee amount established in Butte County Code and implementing resolutions for Measure and
Condition of Approval Monitoring (currently a $978.00 deposit against which time is billed)
shall be paid within 30 days of the date of project approval. Regarding the monitoring of relevant measures and conditions of approval after approval and/or recordation of the map, the landowner shall maintain this fee with DDS in an amount (not to exceed the established maximum) at a level determined by the Director to ensure adequate ongoing measure and
condition of approval monitoring. Mechanisms which may be used by the County to address
failure by the landowner to maintain the adequate fee amount may include but are not limited to “stop work” orders, denial of building permits and/or certificates of occupancy, revocation of project approval and imposition of performance bonds at the discretion of the Director of DDS.
Plan Requirements: Construction monitoring reports shall meet protocol requirements of US
Fish and Wildlife Service and/or California Department of Fish and Game.
Timing: This measure shall be implemented during grading, excavation, and compaction of soils, during construction within or near ditches, and as determined necessary by the site monitor.
Monitoring: On site inspectors and mitigation monitors for the project will periodically
monitor as needed to ensure that the requirements of the Measures are adhered to throughout grading, excavation, and construction periods.
12. Mitigation Measure #12: Place a note on a separate document which is to be recorded concurrently with the Final Map
or on an additional map sheet that states: “Should grading activities reveal the presence of
prehistoric or historic cultural resources (e.g. artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation
procedures. Should human skeletal remains be encountered, State law requires immediate
notification of the County Coroner. Should the County Coroner determine that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains.” The provisions of this note shall
be followed during construction of all subdivision improvements, including land clearing, road
construction, utility installation, and building site development.
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site
development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently
with the map or on an additional map sheet. Should cultural resources be discovered, the
landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains.
13. Mitigation Measure #13:
Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “To reduce construction-generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods:
1. Limit construction activity to daytime hours (7:00 a.m. to 6:00 p.m.) with no construction
activity on Sundays or holidays;
2. Use best available noise suppression devices and properly maintain and muffle diesel engine-driven construction equipment;
3. Construction equipment shall not be idled for long periods of time;
4. Locate stationary equipment as far as possible from sensitive receptors;
5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise
sensitive receptors and advise them of the schedule of construction.”
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and shall be shown on all site development and building plans.
Timing: The mitigation shall be applicable during all construction activities.
Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring
compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction-related noise.
Agricultural Commissioner’s Office
1. Prior to recordation of final map, show 300 foot Agricultural Buffer setback from all adjacent
lands zoned Agriculture and all newly-created parcel lines for future residential development.
Public Works
A. COUNTY SURVEYOR
1. Map Recordation: Prior to map recordation:
a. The applicant shall submit to the County Surveyor for review and approval a final map
pursuant to Subdivision Map Act Section 66444-66450.
b. The applicant shall prepare a Supplemental Data Sheet for all information not affecting record title interest. The Supplemental Data Sheet shall contain a statement that the additional information, conditions of approval or comments are for informational
purposes only and are not intended to affect record title interest. Additional information
may include but is not limited to building setback lines, flood hazard zones, seismic lines and setbacks, leach field free areas and usable sewage disposal areas.
c. The applicant shall show all easements of record on the final map and shall provide deeds establishing all existing and proposed easement and rights of way on the
property.
d. The applicant shall pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. A tax certificate is to be provided to the County Surveyor prior to recording.
e. The applicant shall submit a Preliminary Title Report that has been prepared within 6 months of the map recordation date.
f. The applicant shall provide deeds establishing property boundaries.
g. The applicant shall provide copies of all lot and boundary closures (calculation showing error of closure).
h. The applicant shall pay the recording fees in effect at the time the final map and related documents are recorded.
i. The parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before
ninety (90) days from the date of recordation, per Butte County Code of Ordinance
Section 20-109.5. The certificate shall also state that the monuments are or will be sufficient to enable the survey to be retraced.
B. STREETS
1. Dedications and Easements: Drainage, sewage, and other utility easements shall be
provided where they are needed. The subdivider shall provide rights-of-way or easements for storm drainage purposes conforming substantially with the lines of any watercourse, channel, lake, stream, or creek. The width of the rights-of-way or easements shall be adequate to provide for the necessary maintenance of the channels
and incidental structures.
C. SOILS, DRAINAGE, FLOODING
1. Stormwater Quality Management: Coverage under the stormwater Construction General Permit (CGP) will be required by the State Water Resources Control Board if the project results in ground disturbance, including clearing, excavation, filling, and
grading of one or more acres or disturbs less than one acre but are part of a larger common plan or development consisting of one acre or more of total disturbance.
Coverage under this General Permit must be obtained from the State Water Resources
Control Board prior to starting construction. If coverage under the CGP is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Land Development Division of the Public Works
Department. Submit with improvement or grading plans the estimated areas to be
disturbed to the Department of Public Works for consistency with the SWPPP. Additionally, place a note on a map sheet that states: “The development of this parcel (or subdivision) map required coverage under the Stormwater Construction General Permit. Construction activities that result in a land disturbance of less than one acre,
but which are part of a larger common plan of development, also require coverage
under this permit. Development of individual lots may require an additional permit coverage.”
MITIGATION FEES
1. Mitigation Fees
a. Prior to issuance of building permits, pay all applicable mitigation fees in place at the
time of issuance.
Environmental Health Division
1. Prior to recordation of the final map, resultant Parcels 1 & 2 must show Minimum Useable Wastewater Area (MUWA) of 15,000 square feet utilizing a pressure distribution system to
the satisfaction of the Environmental Health Division.
2. Resultant Parcels 1 & 2 must show proposed water well locations with a 100-foot setback for residential development shown to the satisfaction of the Environmental Health Division.
3. Applicant shall place a note on the final map stating “WATER: There is no evidence that domestic water is available”.
Butte County Fire
1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges
on parcels/lots shall comply with the current adopted California Building Standard Codes,
California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter.
2. Place a note on a separate document, which is to be recorded concurrently with the Parcel or
Final map, or on an additional map sheet stating, “Building identification and/or addresses
shall be installed in conformance with Public Resources Code 4290 and shall be posted at the
time of permit issuance and maintained continuously thereafter”.
3. Applicant shall provide a secondary means of access or connection to an existing roadway at the time of issuance of development permits for the designated remainder parcel.
Processing Fees
1 Prior to recordation of the deeds, pay any outstanding project-related processing fees.
II. NOTATION A. Minor changes may be approved administratively by the Directors of Development
Services, Environmental Health, or Public Works upon receipt of a substantiated written
request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for
amendment.
ATTACHMENT C